Our firm takes the position that the corporations that own cooperative housing developments are subject to Landlord Tenant Law.[1] As a result, we believe that individuals managing cooperative housing developments should take the time to become familiar and comply with the duties imposed on landlords. This position is based on both statute and case law. […]
Client Question – What Info in a Resale Cert is Important & Do I Have to Provide One?
“We are getting ready to sell our condo and we heard we need to provide a resale certificate. What information are the buyers looking for and can I provide this without paying my property manager to prepare it?” Read more………
Association Records – Whether & How Long to Keep Them
Under Washington law, COAs and HOAs are required to keep various kinds of records. We have visited the issue of what to include within Association records in the past (see our blog post here). However, Associations might want more specific guidance when it comes to how long the various types of records must be kept. […]
Casey v. Sudden Valley, Budgets v. Assessments (WA)
In many associations, a board adopts a budget, the board sends a summary of the budget to the owners, and the owners ratify the budget. This practice is consistent with RCW 64.38.025(3) – the Washington Act that applies to non-condominium homeowner associations. Read more…….
Board President Personally Liable for Violation of Fair Housing Act
In our most recent blog post, we discussed the issue of accommodation of service dogs, and specifically arecent Florida case, Sabal Palm Condos. of Pine Island Ridge Ass’n v. Fischer. In this post, we’ll discuss another facet of that case: the individual liability of the Board president of the Sabal Palm COA for his actions. […]
Accommodation of Service Dogs Under Fair Housing Act
A recent case from Florida highlights the need for Associations to carefully familiarize themselves with the laws regarding service dogs and other types of trained animals that might be needed by persons with disabilities. Read more………
The Association’s Attorney Should Be A Good Listener
I was recently interviewed by a condominium association board that wanted to replace the association’s attorney. During that interview, one board member made a startling comment. She remarked that, in her opinion, the association’s attorney did not listen to the board. Read more………
How to Avoid Getting Sued as a Board Member
Defending your association in a lawsuit can be costly, time-consuming, and may hinder your board’s ability to function effectively. Your association’s board of directors is required to respond and defend the association in all lawsuits filed against them, regardless of the merits of the claims. Simply responding to a lawsuit and getting the court to […]
Embezzlement
A Homeowners Association’s (HOA) board of directors acts like a mini-government. Like a government, it has the power to collect taxes, through assessments, and spend those funds, which it does through a wide variety of vendors, including property managers, contractors and attorneys. Like a government, this authority sometimes leads to corruption. Although it is impossible […]
Rule Making
One of the powers granted to Board of Directors in Associations is rule making. There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to pass any rule. The authority to pass any rule must come from the documents. I […]
Panorama Village Homeowners Association v. Golden Rule Roofing, Inc. case brief
Panorama Village Homeowners Ass’n v. Golden Rule Roofing, Inc. case brief summary 10 P.3d 417 (2000) CASE SYNOPSIS Appellant roofing company sought review of a judgment from the Superior Court of King County (Washington), which awarded respondent homeowners association a portion of the cost of replacing roofs installed by appellant, in respondent’s suit alleging breach […]
Receivership – Brief Overview
When a condo association files a foreclosure lawsuit, it is entitled to ask the court to appoint a “custodial receiver” who takes over the property, rents it out, and pays the proceeds consistent with guidelines in the Condominium Act (RCW 64.34.364(10)). As a practical matter, once appointed, the receiver rekeys the unit (assuming it is […]
Condominium’s Leasing Restriction Ruled Invalid by Washington Court
The Washington Court of Appeals recently issued an unpublished opinion addressing a condominium association’s attempt to restrict leasing of units. In this case, the condominium’s original declaration stated that no more than 25% of the units could be leased at any one time. Read more……..
Restricting access to common area roads: a “high risk” activity for Washington HOAs
When owners are delinquent in paying assessments, an Association may wish to penalize the owner and provide an incentive to pay by restricting that owner’s access to common areas. A Washington HOA probably can restrict access to common areas such a pool or cabana, if its governing documents specifically authorize such an act. But can […]
From Good to Great: Principles for Community Association Success
Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. Good associations preserve the character of their communities, protect property values and meet the established expectations of homeowners. Great associations also cultivate a true sense of community, promote active homeowner involvement and create a culture of […]
Washington HOA Prevails in Litigation over Pipe Maintenance
A recent unpublished opinion by the Washington Court of Appeals involved a dispute between the Crystal Ridge Homeowners Association and the City of Bothell over responsibility for a buried interceptor pipe. Read more……
More Board Member Traits
Do you have what it takes to be a good board member? Chances are you do. If you have a mix of some of the following traits and skills, consider running for a seat on your community’s board of directors. Read more……
Two New Laws Affect Washington Community Associations
Almost every session of the Washington Legislature produces new laws pertaining to Washington condominium and homeowners associations. This legislative session resulted in the passage of two such laws – one governing speed limit enforcement and one governing meeting notices. Read More……
Maintain Your Common Areas – Or Else
Cities have a legal duty to exercise reasonable care to keep sidewalks in reasonably safe condition. Cities must have actual or constructive notice of an unsafe sidewalk condition and a reasonable opportunity to correct it before they can be found liable for accidents related to that condition. The notice issue usually requires a trial to […]
Effective Collection Techniques within Your Association
The success of an association, in large part, depends on its fiscal wellbeing. Associations rely on its members to pay their dues in order to ensure maintenance of all the common areas that owners not only enjoy, but that increase property value. What follows are eight techniques for keeping your association’s delinquencies at a minimum. […]
Can a Condominium Declaration give a Lender in Foreclosure Exemption from Leasing Restrictions? 12 U.S.C.A § 1731b
Can a Condominium Declaration give a Lender in Foreclosure Exemption from Leasing Restrictions? Of course it can. But apparently it may not. Read More….
Court Invalidates Restriction on Dues Increases in Association’s Bylaws
In late 2011, the board of directors of the Sudden Valley Community Association approved a budget that increased the membership dues by thirty percent. A short time later, a newly elected board of directors rescinded that dues increase because a provision in the Association’s bylaws required dues increases to be approved by at least sixty […]
Solar Panels And Community Associations: Sparks Can Fly
Green living sometimes can be at odds with community association living. As much as we all likely strive to live in an environmentally responsible manner, sometimes these ambitions clash with the wants and desires of our neighbors, bringing strife and dissension to a neighborhood. Though the Washington legislature has not attempted regulating chickens, clotheslines or […]
The Privilege of Being a Board Member
Members of community associations and, in particular, the boards of directors, are being asked to make tough decisions regarding the use of community funds. Acting in the best interests of the association, many boards seek legal and other professional advice with regard to their duties to maintain and repair when funds are scarce. Read More……PDF
The Quorum Requirement: A Creative Solution to Getting Stuff Done
“Welcome, Ladies and Gentlemen to our owner’s association meeting. Unfortunately, we didn’t make the quorum requirement to vote on anything tonight, so we’ll need to reconvene this meeting for a later date. Sorry.” Sound familiar? Lamentably, this scenario is more frequently a reality than a hypothetical for many community associations. If you’ve ever served on […]
Before Litigation, Community Associations Should Consider Mediation
The March edition of the King County Bar Bulletin contains the following article that I co-wrote with my paralegal Elizabeth Demong. We argue in this article that community associations and owners should strongly consider engaging in mediation before initiating litigation. Read More……
Court Grapples with Distinction Between Repairs and Capital Improvements
The Washington Court of Appeals issued an unpublished opinion earlier this month concerning a condominium association’s authority to fund a major construction project without a prior vote of its owners. The project involved the installation of a $2 million “rain screen” building envelope system Read More……
They Fought the Lawn and the Lawn Won
In an epic battle between a homeowners association, owners, and a lawn, the lawn appears to be the only winner. Eleven years of ago, Ed and Billye Simmon and their Florida homeowners association began a court battle over a $2,200 bill related to a bad lawn. Probably the association’s cost of re-sodding. According to the […]
Court opinions could change residential lending
The landscape for residential lenders in Oregon and Washington is changing quickly. Three recent appellate court opinions have the potential to significantly impact how residential lenders do business in the Pacific Northwest. Read More……
Who Gets Preliminary Notice When Working on A Condominium Complex in Washington?
Over the weekend, a reader sent in an interesting question about Washington’s preliminary notice requirements. The question relates to construction work and materials furnished to a condominium complex, specifically inquiring as to who must receive the preliminary notice on such projects? Read More……
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]